HomeMy WebLinkAboutORDINANCE 6214r
OF FAYE�rI
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6214
File Number: 2019-0434
VAC 19-6712 (155 N. FLETCHER AVE./ENLIGHTEN HOMES):
II II IIIIII III VIII VIII ILII VIII VIII VIII VIII VIII VIII (III II III III
Doc ID: 018758020004 Type: REL
Kind: ORDINANCE
Recorded: 08/23/2019 at 12:20:45 PM
Fee Amt: $30.00 Paqe 1 of 4
Washinqton County, AR
Kyle SVlvester Circuit Clerk
File2019-00025310
AN ORDINANCE TO APPROVE VAC 19-6712 FOR PROPERTY LOCATED AT 155 NORTH
FLETCHER AVENUE TO VACATE A PORTION OF STREET RIGHT-OF-WAY
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or
portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of street right-of-way is
not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion
of street right-of-way as described in Exhibit B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map
attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington
County Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense;
2. A 15 foot wide utility easement shall be dedicated along Spring Street and a 5 foot wide
Page 1 Printed on 8!1/19
File Number. 2019-0434
Ordinance 6214
utility easement shall be dedicated along Fletcher Avenue.
PASSED and APPROVED on 8/6/2019
Attest:
Sondra E. Smith, City Clerk Trw4"'",�,�
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Page 2 Printed on 817119
VAC 19-6712
Close Up View
W
Q
W
J
O
Legend
Hillside -Hilltop Overlay District
Trail (Proposed)
— _ Planning Area
L — I Fayetteville City Limits
Building Footprint
ENLIGHTEN HOMES 19-6712
EXHIBIT 'A'
SPRING
Subject Property
'J&
NORTH
RSF-4
Feet RMF -24
P-1
0 50 100 200 300 400
1 inch = 150 feet
19-6712
EXHIBIT 'B'
SIR= RI2iT-OF-WAY VACATION
A PORTION OF THE PLATTED RIGHT-OF-1VAY OF SPRING STREET AS SHOWN ON THEE PLAT CF
HARRISON'S ADDITION TO THE CITY OF FAYETTEVILLE. ARKANSAS, AS PER PLAT CFAID ADDITION
EX -017100,
ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND Ek -000, RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: P'FNNNING AT THE
N0R7hWST CORNER OF LOT ONE (1) OF BLOCK FOUR (4) 47- SAID HARRISCH'S ADDITION; THENE
N90'00'00"E 145.00 FEET ALONG THE PLATTED SOUTH RIGHT-OF-WAY JNE OF SPRING STREET TO
THE NORTHEAST CORNER OF SAID LOT ONE (1). SAID POINT BEING THE PLATTED INTERSECTION OF
THE SWTH RIGHT-OF-WAY UNE OF SPRING STREET AND THE WEST RICH7-OF-WAY LINE CF
FLETCHER AVENUE; THENCE NX'50'17"W 19.06 DEET TO THE SOUTH RIGHT-OF-WAY LIRE OF SPRING
STREE- AS PER THE MASTER STREET PLAN OF FAYETTE'ALLE, ARKANSAS; THENCE NWOO'00"W
175.00 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF 'SPRING STREET AS PER THE MASTER
STREET PLAN OF FAYETTEVILLE, ARKANSAS, TO A POINT; THENCE LEAVING THE SOUTH UNE OF
SPRING STREET AS PER THE MASTER STREET PLAN OF FAYET EMLLE, ARKANSAS, S00'50'17"E 19.06
FEET TO A SET 1/2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY LJNE OF SPRING STREET AS PER
THE PLAT OF SAID HARRISON'S ADDITION, SAID POINT BEING IN THE CFNTER OF YEAGER AVENUE,
AN ABANDONED STREET AS PER CITY OF FAYETTEVILLE, ARKANSAS, ORDINANCE 3012; THENCE
N9O'0G'M'E 30.00 FEET ALONG -W=- PLATTED SOUTH RIGHT-OF-WAY C1hE OF SPRING STREET TO
THE P014T CF BEGINNING, CONTAINING 3350.0 SQUARE FEET (0,08 ACRES',, MOW OR LESS_
Wasnmgton County, AR
I certify this instrument was filed on
08/23/2019 12:20:45 PM
and recorded in Real Estate
File Number 2019-00025310
Kyle Sylvester -irc it Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
"m
Fayetteville, AR 72701
(479) 575-8323
N % Text File
\ - File Number: 2019-0434
Agenda Date: 8/6/2019 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C. 4
VAC 19-6712 (155 N. FLETCHER AVE./ENLIGHTEN HOMES):
AN ORDINANCE TO APPROVE VAC 19-6712 FOR PROPERTY LOCATED AT 155 NORTH
FLETCHER AVENUE TO VACATE A PORTION OF STREET RIGHT-OF-WAY
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or
portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of street right-of-way is not
required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of street
right-of-way as described in Exhibit B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit
Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense;
2. A 15 foot wide utility easement shall be dedicated along Spring Street and a 5 foot wide utility
easement shall be dedicated along Fletcher Avenue.
City of Fayetteville, Arkansas Paye 1 Printed on 817/2019
City of Fayetteville Staff Review Form
2019-0434
Legistar File ID
8/6/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 7/19/2019 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC 19-6712: Vacation (155 N. FLETCHER AVE./ENLIGHTEN HOMES, 485): Submitted by DAN COODY for property
located at 155 N. FLETCHER AVE. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE
and contains approximately 0.30 acres. The request is to vacate a portion of a street right-of-way.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Fund
Project Title
$ -
Remaining Budget $ -
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 6, 2019
TO: Mayor; Fayetteville City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Andrew Garner, City Planning Director
FROM: Harry Davis, Planner
DATE: July 19, 2019
CITY COUNCIL MEMO
SUBJECT: VAC 19-6712: Vacation (155 N. FLETCHER AVEJENLIGHTEN HOMES, 485):
Submitted by DAN COODY for property located at 155 N. FLETCHER AVE. The
property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE
and contains approximately 0.30 acres. The request is to vacate a portion of a
street right-of-way.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC 19-6712 as shown in the attached
Exhibits `A' and 'B' and with the following condition of approval:
Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense;
Retain 15 -foot wide Utility Easement along Spring Street and a 5 -foot wide Utility
Easement along Fletcher Avenue.
BACKGROUND:
The subject property is located at the southwest corner of Fletcher Avenue and Spring Street.
The property is zoned RMF -24, Residential Multi -family, 24 Units per Acre and is currently
developed with a single-family home. The applicant proposes to vacate excessive and unused
right-of-way between the current property line and the Master Street Plan right-of-way line, located
25 -feet from the centerline of Spring Street.
DISCUSSION:
At the July 8, 2019 Planning Commission, this item was forwarded as part of the consent agenda
to City Council with a recommendation for approval, with all conditions as recommended by staff.
The Planning Commission discussed during their Agenda Session on July 3, 2019 to recommend
the city council evaluate vacating additional excess right-of-way along the remainder of this block
of Spring Street.
BUDGET/STAFF IMPACT:
N/A
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
VAC 19-6712
Close Up View
i
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Q
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Legend
!TT Hillside -Hilltop Overlay District
Trail (Proposed)
_ ' Planning Area
t _ Fayetteville City Limits
Building Footprint
ENLIGHTEN HOMES
SON ST,
SPRING ST '
Subject Property
is
W
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19-6712
EXHIBIT 'A'
RSF-4
Feet RMF -24
P-1
0 50 100 200 300 400
1 inch = 150 feet
O
fi.
Y
/
O
RSF-4
Feet RMF -24
P-1
0 50 100 200 300 400
1 inch = 150 feet
19-6712
EXHIBIT 'B'
STREET RIQt9-OF-WAY VACATION
A PORTION OF THE PLATTED RIGHT-OF-WAY OF SPRING STREET AS SHOVN ON THE PLAT OF
HARRISON'S ADDITION TO THE CITY OF FAYETTEYILLE. ARKANSAS, AS PER PLAT OF §AID ADDITION
ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY t7 CRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF LOT ONE (1) OF BLOCK FOUR (4) 0' SAID HARRISCH'S ADDITION; THEM
N90'00'00'E 145.00 FEET ALONG THE PLATTED SOUTH RIGHT-OF-WAY UNE OF SPRING STREET TO
THE NORTHEAST CORNER OF SAID LOT ONE (1), SAID POINT BEING THE PLATTED INTERSECTION OF
THE SOUTH RIGHT-OF-WAY UNE OF SPRING STREET AND THE WEST RIGHT-OF-WAY UNE CF
FLETCHER AVENUE, THENCE N '17"W 19.08 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SPRING
STREET AS PER THE MASTER STREET PLAN OF FAYETTEVILLF- ARKANSAS; THENCE H90'00'00'W
175.00 FEET ALONG THE SOUTH RIGHT-OF-WAY UNE OF SPRING STREET AS PER THE MASTER
STREET PLAN OF FAYETTEVUE, ARKANSAS, TO A POINT; THENCE LEAVING THE SOUTH UNE OF
SPRING STREET AS PER THE MASTER STREET PLAN OF FAYE'T'-EVILLE, ARKANSAS, SOO'50'17'E 19,()5
FEET TO A SET 1/2" IRON REBAR ON THE SOU1H RIGHT-OF-WAY UNE OF SPRING STREET AS PER
THE PLAT OF SAID HARRISON'S ADDITION. SAID POINT BEING IN THE CENTER OF MEAGER AVENUE,
AN ABANDONED STREET AS PER CITY CF FAYETTErALLE, ARISANSAS, ORDINANCE 3012: THENCE
N9tVWWE 30.00 FEET ALONG -M=- PLATTED SOUT;i RIGHT-OF-WAY Loa OF SPRING STREET TO
THE PM4T OF BEGINNING. CONTAINING J350.0 SQUARE FEET (0.08' :IC S), MORE OR LESS.
CITY OF
1WFAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Harry Davis, Planner
MEETING DATE: July 8, 2019 UPDATED W PC RESULTS
SUBJECT: VAC 19-6712: Vacation (155 N. FLETCHER AVE./ENLIGHTEN
HOMES, 485): Submitted by DAN COODY for property located at 155 N.
FLETCHER AVE. The property is zoned RMF -24, RESIDENTIAL MULTI
FAMILY, 24 UNITS PER ACRE and contains approximately 0.30 acres.
The request is to vacate a portion of a street right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC 19-6712 to City Council with a recommendation of approval
and conditions based on the findings contained in this report.
RECOMMENDED MOTION:
"I move to forward VAC 19-6712 to City Council with a recommendation for approval with the
conditions as recommended by staff."
BACKGROUND:
The subject property is located at the southwest corner of Fletcher Avenue and Spring Street.
The property is zoned RMF -24, Residential Multi -family, 24 Units per Acre and is currently
developed with a single-family home. Surrounding land uses and zoning are depicted in Table 1.
Table 1
Surroundinq Land Use and Zonina
Direction
Land Use
Zoning
North
Duplexes
RMF -24, Residential Multi -family, 24 Units per Acre
South
Single-family
RMF -24, Residential Multi -family, 24 Units per Acre
East
Single-family
RSF-4, Residential Single-family, 4 Units per Acre
West
Single-family
RMF -24, Residential Multi -family, 24 Units per Acre
Proposal: The applicant proposes to vacate excessive and unused right-of-way between the
current property line and the Master Street Plan right-of-way line, located 25 -feet from the
centerline of Spring Street.
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the City
water/sewer departments with the following responses:
City of Fayetteville Response
Water/Sewer No objections and no comment.
Solid Waste No objections and no comment.
Transportation No objections and no comment.
Utilities Response
AT&T No objections and no comment.
Cox Any relocation of or damage to existing
utilities or existing facilities shall be at the
owner/developer's expense
AEP/SWEPCO Retain 15 -foot wide Utility Easement along
Spring Street and a 5 -foot wide Utility
Easement along Fletcher Avenue.
Blackhills Energy Retain 15 -foot wide Utility Easement along
Spring Street.
Ozarks Electric No objections and no comment.
Public Comment: No public comment has been received at the time of writing this report.
RECOMMENDATION: Staff recommends forwarding VAC 19-6712 to the City Council with a
recommendation for approval subject to the following conditions:
Conditions of Approval:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense;
2. Retain 15 -foot wide Utility Easement along Spring Street and a 5 -foot wide Utility
Easement along Fletcher Avenue.
PLANNING COMMISSION ACTION: Required YES
Date: July 8, 2019 O Tabled 0 Forwarded O Denied
Motion to fwd to CC recommending in favor
Motion: Belden
(during Agenda Session, PC discussed suggesting CC review
Second: Johnson vacating excess ROW along the rest of Spring Street)
Vote: 9-0-0 Motion passes
G \ETC\Development Services Review\2019\Development Services\19-6712 VAC 155 N
Fletcher Ave. (Enlighten Homes) 485\
BUDGET/STAFF IMPACT:
None
Attachments:
• Petition to Vacate
• Vacation Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
G:\ETC\Development Services Review\2019\Development Services\19-6712 VAC 155 N.
Fletcher Ave. (Enlighten Homes) 485\
Petition to Vacate Street Right of Way
155 N. Fletcher Ave, Lot 1, Block 4 of Harrison's Addition
To: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being the owners of the real estate abutting the R.O.W. on Spring
Street, seek to abandon a portion of the existing R.O.W.
Legal description and survey are attached.
The existing R.O_W. on the eastern portion of Spring Street is 70'. For comparison, the
R.O.W. for College Ave. is only 60'.
The west portion of E. Spring (between College and Walnut, about 1,350') has a 43'
R.O.W. This width allows for two travel lanes and one parking lane.
The remainder of E. Spring (between Walnut and Fletcher, about 750') has a 70'
R.O.W. We wish to reduce the R.O.W. width to 50' where it abuts our property.
We have surveyed the property and have delineated the easement requested by the
utility companies.
We ask that the described real estate be vested in the abutting property owners as
provided by law.
Thank you for your consideration.
Deborah and Dan Coody
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VAC 19-6712 ENLIGHTEN HOMES A&
One Mile View
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Legend
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, Fayetteville City Limits
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VAC 19-6712
Close Up View
ENLIGHTEN HOMES
i '�
Legend
l Hillside -Hilltop Overlay District
^^ Trail (Proposed)
Planning Area
L _ Fayetteville City Limits
Building Footprint
Subject Property
Feet
0 50 100 200 300 400
1 inch = 150 feet
RSl:_4
NORTH
RSF-4
RMF -24
P-1
FEMA Flood Hazard Data
100 -Year Floodplain
Feet Floodway
Planning Area 0 25 50 100 150 200
' ;
Fayetteville Cit Limits 1 inch = 80 feet
'__-� Y Y
RECEIVED
AUG 2 3 2019
DNIYY®ChFRK 5 OFFICE
NORTHWEST ARKANSAS
VemGract , Oazette
AFFIDAVIT OF PUBLICATION
I Cathy Staggs, do solemnly swear that I am the Accounting Manager of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 6214
Was inserted in the Regular Edition on:
August 15, 2019
Publication Charges: 101.40
4&��Un
Cathy St gs 60
Subscribed and sworn to before me
This tffday of , 2019.
```��•``��� SANDRA G 9 •.
• :2
n 4418
Notary Public
My Commission Expires: 3 -ti, _Ir =` 3� '•: �7UM .•••
* *NOTE* *
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6214
File Number: 2019-0434
VAC 19-6712 (155 N. FLETCHER
AVE./ENLIGHTEN HOMES):
AN ORDINANCE TO APPROVE VAC 19-
6712 FOR PROPERTY LOCATED AT 155
NORTH FLETCHER AVENUE TO VACATE
A PORTION OF STREET RIGHT-OF-WAY
WHEREAS, the City Council has the authority
under A.C.A. § 14-54-104 to vacate public
grounds or portions thereof which are not
required for corporate proposes; and
WHEREAS, the City Council has determined
that the following described portion of street
right-of-way is not required for corporate
purposes.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of
Fayetteville, Arkansas hereby vacates a portion
of street right-of-way as described in Exhibit B
attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly
certified by the City Clerk along with the map
attached as Exhibit A to the Planning
Department's memo shall be filed in the office of
the Washington County Circuit Clerk.
Section 3: This vacation approval is subject to
the following conditions:
I . Any relocation of or damage to
existing utilities or existing facilities shall be at
the owner/developer's expense;
2. A 15 foot wide utility easement
shall be dedicated along Spring Street and a 5
foot wide
File Number: 2019-0434
Ordinance 6214
utility easement shall be dedicated along
Fletcher Avenue.
PASSED and APPROVED on 8/6/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
75044796 AUG 15TH 2019